ML24201A204

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07-29-2024 Letter to A. Damiani, E. Finkelstein and R. Clarkson Re New York Follow-up Impep Scheduling Letter and Questionnaire
ML24201A204
Person / Time
Issue date: 07/29/2024
From: Jackie Cook
NRC/RGN-IV/DRSS
To: Clarkson R, Damiani A, Finkelstein E
State of NY, Bureau of Environmental Sciences and Engineering, State of NY, Dept of Environmental Conservation, State of NY, Dept of Health and Mental Hygiene
References
Download: ML24201A204 (1)
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Text

Erik Finkelstein, Acting Director New York City Department of Health and Mental Hygiene Office of Radiological Health 42-09 28th St, CN # 56 Long Island City NY 11101 Alexander Damiani, Director Bureau of Environmental Radiation Protection Empire State Plaza-Corning Tower-12th Fl.

Albany, NY 12237 Richard Clarkson, Acting Chief Radiation Control Permit Section Division of Materials Management New York State Department of Environmental Conservation 625 Broadway, Albany, NY 12233-7255

SUBJECT:

NEW YORK FY2024 FOLLOW-UP IMPEP SCHEDULING LETTER AND QUESTIONNAIRE

Dear Messrs. Alexander Damiani,

Erik Finklestein, and Richard Clarkson:

The U.S. Nuclear Regulatory Commission (NRC) uses the Integrated Materials Performance Evaluation Program (IMPEP) for the evaluation of Agreement State programs. Per our previous discussion, I will be the team leader for the follow-up IMPEP review of the New York Agreement State Program scheduled for September 23-26, 2024. The review team will also include Gehan Flanders, NRC in the Office of Nuclear Material Safety and Safeguards (NMSS); Chris Grossman, NRC NMSS; and Larry Kellum, State of Utah.

During the 2022 IMPEP, the final report dated January 11, 2023, documents the teams findings, and summarizes the results of the Management Review Board (MRB) meeting. The MRB directed that a follow-up IMPEP review be conducted in approximately 2 years, for the less-than-satisfactory indicators, with a periodic meeting for the satisfactory indicators.

New Yorks performance was found to be satisfactory but needs improvement for the performance indicator Low-Level Radioactive Waste Disposal Program. In addition, New Yorks performance was found to be unsatisfactory for the performance indicator Legislation, Regulations, and Other Program Elements. Thus, the team will review these two indicators during the upcoming follow-up IMPEP. For those items not applicable, please so state accordingly.

July 29, 2024

A. Damiani, E. Finklestein, and R. Clarkson Enclosed is the Integrated Materials Performance Evaluation Program Questionnaire. I ask that you provide your responses via e-mail to Jackie.Cook@nrc.gov by September 3, 2024.

Please incorporate your responses into the questionnaire.

Also included with the questionnaire is the document Materials Requested to Be Available for the On-Site Portion of an IMPEP Review. We encourage States to have the items, as applicable, listed prepared and to the extent possible, uploaded with the questionnaire responses prior to the commencement of the IMPEP review.

Please set up an appointment with the appropriate State Senior Managers to discuss the results of the IMPEP review of the New York Agreement State Program on September 26, 2024, at 9:00 A.M., if available. If not available, please suggest an alternative time.

If your Program experiences any difficulties, or delays in preparing for this IMPEP review, please let me know as soon as possible. If you have any questions, please call me at 817-200 1132.

Sincerely, Jacqueline D. Cook Regional State Agreements Officer Division of Radiological Safety and Security

Enclosure:

2024 IMPEP Questionnaire cc:

Lily Huang, PE, Assistant Commissioner Bureau of Environmental Sciences and Engineering Doreen Harris, State Liaison Officer New York State Energy Research and Development Authority Signed by Cook, Jacqueline on 07/29/24

Approved by OMB1 Control No. 3150-0183 Expires: 02/28/2027 INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM QUESTIONNAIRE New York Agreement State Program Reporting Period: July 30, 2022-September 26, 2024 Note: If there has been no change in the response to a specific question since the last IMPEP questionnaire, the State or Region may copy the previous answer, if appropriate.

A.

GENERAL 1.

Please prepare a summary of the status of the State's or Region's actions taken in response to each of the open recommendations from previous IMPEP reviews.

B.

COMMON PERFORMANCE INDICATORS I.

Technical Staffing and Training 2.

Please provide the following organization charts, including names and positions:

(a)

A chart showing positions from the Governor down to the Radiation Control Program Director; (b)

A chart showing positions of the radiation control program, including management; and (c)

Equivalent charts for sealed source and device evaluation, low-level radioactive waste and uranium recovery programs, if applicable.

3.

Please provide a staffing plan, or complete a listing using the suggested format below, of the professional (technical) full-time equivalents (FTE) applied to the radioactive materials program by individual. Include the name, position, and, for Agreement States, the fraction of time spent in the following areas: administration, materials licensing and compliance, emergency response, low-level radioactive waste, uranium recovery, and other. If these regulatory responsibilities are divided between offices, the table should be consolidated to include all personnel contributing to the radioactive materials program.

1Estimated burden per response to comply with this voluntary collection request: 53 hours6.134259e-4 days <br />0.0147 hours <br />8.763227e-5 weeks <br />2.01665e-5 months <br />. Forward comments regarding burden estimate to the FOIA, Library, and Information Collections Branch (T-6 A10M), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e mail to Infocollects.Resource@nrc.gov, and to the OMB reviewer at: OMB Office of Information and Regulatory Affairs (3150 0183), Attn: Desk Officer for the Nuclear Regulatory Commission, 725 17th Street, NW Washington, DC 20503. The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

If consultants were used to carry out the program's radioactive materials responsibilities, include their efforts. The table heading should be:

Name Position Area of Effort FTE%

4.

Please provide a listing of all new professional personnel hired into your radioactive materials program since the last review, and if possible, who they are replacing if a recently vacated position is being filled (please indicate how long the position remained vacant). Please indicate the date of hire; the degree(s) they received, if applicable; additional training; and years of experience in health physics or other disciplines, as appropriate.

5.

Please list all professional staff who have not yet met the qualification requirements for a radioactive materials license reviewer or inspector. For each, list the courses or equivalent training/experience they need and a tentative schedule for completion of these requirements.

6.

Please provide copies of the Programs training procedures.

7.

Identify any changes to your qualification and training procedure that occurred during the review period.

8.

Please identify the technical staff that left your radioactive materials program during the review period and indicate the date they left.

9.

List any vacant positions in your radioactive materials program, the length of time each position has been vacant, and a brief summary of efforts to fill the vacancy.

10.

For Agreement States, does your program have an oversight board or committee which provides direction to the program and is composed of licensees and/or members of the public? If so, please describe the procedures used to avoid any potential conflict of interest.

II.

Status of Materials Inspection Program 11.

Please identify individual licensees or categories of licensees the State is inspecting less frequently than called for in NRCs Inspection Manual Chapter (IMC) 2800 and explain the reason for the difference. The list only needs to include the following information: license category or licensee name and license number, your inspection interval, and rationale for the difference.

12.

Please provide the number of routine inspections of Priority 1, 2, and 3 licensees, as defined in IMC 2800 and the number of initial inspections that were completed during each year of the review period.

13.

Please submit a table, or a spreadsheet, that identifies inspections of Priority 1, 2, and 3 licensees and initial inspections that were conducted overdue.

At a minimum, the list should include the following information for each inspection that was conducted overdue during the review period:

(1) Licensee Name (2) License Number (3) Program Codes

(4) Priority (IMC 2800)

(5) Last inspection date or license issuance date, if initial inspection (6) Date Due (7) Date Performed (8) Amount of Time Overdue (9) Date inspection findings issued 14.

Please submit a table or spreadsheet that identifies any Priority 1, 2, and 3 licensees and initial inspections that are currently overdue, per IMC 2800. At a minimum, the list should include the same information for each overdue inspection provided for Question 12 plus your action plan for completing the inspection. Also include your plan for completing the overdue inspections.

15.

Please provide the number of reciprocity licensees that were candidates for inspection per year as described in IMC 1220 and indicate the number of reciprocity inspections of candidate licensees that were completed each year during the review period.

16.

Please provide copies of the Programs reciprocity procedure.

III.

Technical Quality of Inspections 17.

Please provide copies of the Programs inspection procedure(s), or a confirmation that Program is using the NRCs inspection procedures.

18.

What, if any, changes were made to your written inspection procedures during the reporting period?

19.

Prepare a table showing the number and types of supervisory accompaniments made during the review period. Include:

Inspector Supervisor License Category Date 20.

Describe or provide an update on your instrumentation, methods of calibration, and laboratory capabilities. Are all instruments properly calibrated at the present time? Were there sufficient calibrated instruments available throughout the review period?

IV.

Technical Quality of Licensing Actions 21.

How many specific radioactive material licenses does your program regulate at this time?

22.

Please provide a list of licensing actions completed during the review period, including program code, license reviewer, and license type (e.g., medical, academic, commercial, R&D, industrial radiography, gauges, etc).

23.

Please indicate whether the licensing records are stored electronically, or in paper files, or in a combination of both.

24.

Please identify any major, unusual, or complex licenses which were issued, received a major amendment, were terminated, decommissioned, submitted a bankruptcy notification or renewed in this period.

25.

Please provide copy of the Programs licensing procedure(s) or a confirmation that the Program is using NRCs NUREG-1556.

26.

Discuss any variances in licensing policies and procedures or exemptions from the regulations granted during the review period.

27.

What, if any, changes were made in your written licensing procedures (new procedures, updates, policy memoranda, etc.) during the reporting period?

28.

Please indicate which revision(s) of the Risk-Significant Radioactive Materials Checklist and Pre-Licensing Guidance were used by the Program during this review period.

29.

Identify by licensee name and license number any renewal applications that have been pending for one year or more. Please indicate why these reviews have been delayed and describe your action plan to reduce the backlog.

V.

Technical Quality of Incident and Allegation Activities 30.

For Agreement States, please provide a list of any reportable incidents not previously submitted to NRC (See Procedure SA-300, Reporting Material Events, for additional guidance, OMB clearance number 3150-0178). The list should be in the following format:

Licensee Name License #

Date of Incident/Report Type of Incident 31.

Provide a list of allegations that were closed during the review period and any allegations that remain open.

32.

Provide copies of the Programs Incident and Allegation procedures.

33.

Identify any changes to your procedures for responding to incidents and allegations that occurred during the period of this review.

NON-COMMON PERFORMANCE INDICATORS I.

Legislation, Regulations, and Other Program Elements 34.

Please list all currently effective legislation that affects the radiation control program.

Denote any legislation that was enacted or amended during the review period.

35.

Are your regulations subject to a "Sunset" or equivalent law? If so, explain and include the next expiration date for your regulations.

36.

Please review and verify that the information in the enclosed State Regulation Status (SRS) sheet is correct and provide a status of any outstanding comments. For those regulations that have not been adopted by the State, explain why they were not adopted, and discuss actions being taken to adopt them. If legally binding requirements were used in lieu of regulations and they have not been reviewed by NRC for compatibility, please describe their use.

37.

If you have not adopted all amendments within three years from the date of NRC rule promulgation, briefly describe your State's procedures for amending regulations in order to maintain compatibility with the NRC, showing the normal length of time anticipated to

complete each step.

OTHER 38.

Is there anything else the IMPEP team should be made aware of while preparing for the IMPEP review?

II.

Sealed Source and Device (SS&D) Evaluation Program 39.

Prepare a table listing new and amended (including transfers to inactive status) SS&D registrations of sources and devices issued during the review period. The table heading should be:

SS&D Manufacturer, Registry Distributor or Product Type Date Type of Number Custom User or Use Issued Action 40.

Please include information on the following questions in Section A, as they apply to the SS&D Program:

Technical Staffing and Training - Questions 2-9 Technical Quality of Licensing Actions - Questions 18-22 Technical Quality of Incident and Allegation Activities - Questions 23-24 III.

Low-level Radioactive Waste Disposal Program 41.

Please include information on the following questions in Section A, as they apply to the Low-Level Radioactive Waste Disposal Program:

Technical Staffing and Training - Questions 2-9 Status of Materials Inspection Program - Questions 10-14 Technical Quality of Inspections - Questions 15-17 Technical Quality of Licensing Actions - Questions 18-22 Technical Quality of Incident and Allegation Activities - Questions 23-24 IV.

Uranium Recovery Program 42.

Please include information on the following questions in Section A, as they apply to the Uranium Recovery Program:

Technical Staffing and Training - Questions 2-9 Status of Materials Inspection Program - Questions 10-14 Technical Quality of Inspections - Questions 15-17 Technical Quality of Licensing Actions - Questions 18-22 Technical Quality of Incident and Allegation Activities - Questions 23-24

MATERIALS REQUESTED TO BE AVAILABLE FOR THE ON-SITE PORTION OF AN IMPEP REVIEW Please have the following information available for use by the IMPEP review team when they arrive at your office:

List of open license cases, with date of original request, and dates of follow-up actions.

List of licenses terminated during review period.

Copy of current log or other document used to track licensing actions.

List of all licensing actions completed during the review period (sorted by license reviewer, if possible).

Copy of current log or other document used to track inspections.

List of all inspections completed during the review period (sorted by inspector, if possible).

List of inspection frequencies by license type.

List of all allegations occurring during the review period. Show whether the allegation is open or closed and whether it was referred by NRC.

List of all licenses that your agency has imposed additional security requirements upon.

ALSO, PLEASE HAVE THE FOLLOWING DOCUMENTS AVAILABLE:

All State regulations Statutes affecting the regulatory authority of the State program Standard license conditions Technical procedures for licensing, model licenses, review guides SS&D review procedures, guides, and standards Instrument calibration records Inspection procedures and guides Inspection report forms Documented training plan, if applicable Records of results of supervisory accompaniments of inspectors Emergency plan and communications list Procedures for investigating allegations Procedures for investigating incidents Enforcement procedures, including procedures for escalated enforcement, severity levels, civil penalties (as applicable)

Job descriptions

STATE REGULATION STATUS State: New York City Department of Health & Mental Hygiene Tracking Ticket Number: 22-54 Date:

[amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991 2015-5 55 FR 843; 56 FR 11504; 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 56 FR 64980; 56 FR 34104; 57 FR 45566; 58 FR 39628; 58 FR 7715; 58 FR 33886; 58 FR 68726; 59 FR 1618; 59 FR 28220; 59 FR 36026; 59 FR 61767; 59 FR 65243; 60 FR 322; 60 FR 7900; 60 FR 15649; 60 FR 25983; 60 FR 28323; 60 FR 36038; 60 FR 38235; 60 FR 48623; 60 FR 50248; 61 FR 28724; 61 FR 1109; 61 FR 24669; 61 FR 65120; 62 FR 1662; 62 FR 4120; 62 FR 5907; 62 FR 28947; 62 FR 39057; 62 FR 63634; 63 FR 1890; 63 FR 13773; 63 FR 29535; 63 FR 31604; 63 FR 37059; 63 FR 39477; 63 FR 45393; 63 FR 50127; 64 FR 17506; 64 FR 42269; 64 FR 54543; 64 FR 55524; 65 FR 20337; 65 FR 63750; 65 FR 79162; 67 FR 16298; 67 FR 20249; 68 FR 57327; 69 FR 3697; 70 FR 2001; 70 FR 16336; 71 FR 1926; 70 FR 72128; 71 FR 15005; 71 FR 65685; 71 FR 65685, 72 FR 59162; 72 FR 45147; 72 FR 54207; 72 FR 58473; 72 FR 55864; 72 FR 70901; 72 FR 68043; 74 FR 33901; 76 FR 35512; 76 FR 56951; 77 FR 3640; 77 FR 34194; 77 FR 39899; 77 FR 43666; 78 FR 16922; 78 FR 32310; 79 FR 57721, 80 FR 143; 79 FR 58664, 80 FR 3865; 80 FR 33987; 80 FR 45841; 80 FR 74974 N/A Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 Comments 08/30/2022 ML22223A041 New York City Department of Health and Mental Hygiene submitted proposed and final revisions to New York City Health Code, Article 175, which governs radiological health. This submittal is expected to replace the existing Article 175.

All NRC amendments captured by RATS IDs dated before NYC DOHMHs 2/15/2017 submittal were automatically included in the review against the applicable 10 CFR compatibility tables.

Comments are regarding 10 CFR Parts 19 and 30.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments Parts 30, 32 and 35 01/14/2022 Final ML22223A151 Comment 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 30 and 35 by reference. Comment is regarding 10 CFR Part 30.

2018-2 Miscellaneous Corrections

-Organizational Changes Parts 37, 40. 70 and 71 12/21/2021 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, 40, and 71 by reference.

2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37 and 71 by reference.

2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37 by reference.

2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, 40, and 71 by reference.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 NA NYC DOHMH does not have licensees subject to these 10 CFR Parts.

2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Part 35 by reference.

2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023 Final ML22223A151 Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 19, 20, 30, 35, 40, and 71 by reference. Comments are regarding 10 CFR Parts 19 and 30.

2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 20, 35, and 37 by reference.

2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, and 40 by reference.

2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility.

2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 N/A Parts 19, 20, 30 and 35 Provisions not associated with a RATS ID N/A Proposed ML16063A457 Final ML22223A151 Comments 05/09/2016 ML16063A445 Comments 08/30/2022 ML22223A041 NA Part 19 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 Comment 08/30/2022 ML22223A041

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes NA Part 20 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 30 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 Comment 08/30/2022 ML22223A041 NA Part 31 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 32 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 32 for its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes NA Part 33 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 34 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 34 for its portion of the Agreement.

NA Part 35 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 36 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 36 for its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes NA Part 37 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 39 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 39 for its portion of the Agreement.

NA Part 40 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 61 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 61 for its portion of the Agreement.

NA Part 70 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 70 for its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes NA Part 71 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comment 05/12/2017 ML17055A654 No Comments 08/30/2022 ML22223A041 NA Part 150 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 150 for its portion of the Agreement.

STATE REGULATION STATUS State: New York State Department of Health Tracking Ticket Number:

Date:

[ # amendment(s) reviewed identified by a *at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final No Comments NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1991-3 Standards for Protection Against Radiation Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183 01/01/1994 Final Comments 12/24/1997 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40 and 70 56 FR 64980 10/15/1994 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30 and 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]

Parts 30 and 40 58 FR 39628 10/25/1996 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement. (NYDEC) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40 and 70 58 FR 68726; 59 FR 1618 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1994-2 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final No Comments 01/28/2000 NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final Proposed ML18156A604 No Comments 01/28/2000 Comments 9/13/2018 ML18156A593 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 Only Part 20 provisions need to be adopted. See ML13197A356 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Final No Comments 01/28/2000 NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

2004-1.

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40 and 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-3 Termination or Transfer of Licensed Activities:

Record keeping Requirements Parts 20, 30, 40, 61 and 70 61 FR 24669 06/17/1999 License Condition ML14007A059 No Comments 02/20/2014 ML14007A056 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

1997-2 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 02/27/2000 Final ML092260295 License Condition ML092260295 No Comments 09/08/2009 ML092310687 No Comments 09/08/2009 ML092310687 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final ML100120050 Comments 03/08/2010 ML100330046 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-97-078)

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71 and 150 62 FR 28947 06/27/2000 Proposed Ml100600746 License Condition ML100600746 Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 NYSHD are not authorizing laybarge, underwater or offshore radiography in these regulations.

1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 License Condition ML14007A059 No Comments 02/20/2014 ML14007A056 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 License Condition ML080170561 No Comments 03/20/2008 ML080800306 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71 and 150 63 FR 1890; 63 FR 13773 02/12/2001 Legally Binding Requirements ML13121A233 Proposed ML18156A604 Comments 06/19/2013 ML13150A207 No Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 40, 70, and 71 by reference

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40 and 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superceded by 2002-2) 07/10/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-98-074) 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Proposed Ml100600746 License Condition ML100600746 Proposed ML18156A604 Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 No Comments 9/13/2018 ML18156A593 NYSHD are not authorizing laybarge, underwater or offshore radiography in these regulations New York submitted proposed regulations that adopt 10 CFR Part 34 by reference 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393 10/26/2001 Proposed ML101310506 Proposed ML18156A604 Comments 07/07/2010 ML101580277 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 32, 36, and 39 by reference

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

1999-2 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 10/04/2002 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 License Condition ML092260298 No Comments 09/03/2009 ML092320011 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 License Condition ML100120053 No Comments 02/23/2010 ML100350697 2000-2 New Dosimetry Technology Parts 34, 36 and 39 65 FR 63750 01/08/2004 Final ML100050662 No Comments 03/08/2010 ML100321001

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31 and 32 65 FR 79162 02/16/2004 License Condition for 32.52 (a) & (b) only ML040770455 No Comments 04/02/2004 ML040930388 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Proposed ML101310506 No Comments 07/07/2010 ML101580277 2002-2 Medical Use of Byproduct Material Parts 20, 32 and 35 67 FR 20249 10/24/2005 Proposed ML100600745 License Condition ML080170561 Final ML13150A109 Proposed ML18156A604 Comments 05/18/2010 ML100890015 No Comments 03/20/2008 ML080800306 Comments 08/08/2013 ML13197A356 No Comments 9/13/2018 ML18156A593 Part 35 with respect to gamma stereotactic radiosurgery and HDR only Part 35 only New York submitted proposed regulations that adopt 10 CFR Part 32 by reference

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2003-1 Financial Assurance for Materials Licensees Parts 30, 40 and 70 68 FR 57327 12/03/2006 License Condition ML14007A059 Proposed ML18156A604 No Comments 02/20/2014 ML14007A056 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 40, and 70 by reference 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML092590171 Proposed ML18156A604 Comments 10/23/2009 ML092710056 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 71 by reference 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 License Condition ML092590174 Proposed ML18156A604 No Comments 10/07/2009 ML092710325 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30 by reference 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML13150A107 No Comments 08/08/2013 ML13197A356 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML053120138 No Comments 11/10/2005 ML053180041

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Proposed ML100600745 Final ML13150A107 Proposed ML18156A604 Comments 05/18/2010 ML100890015 Comments 08/08/2013 ML13197A356 Comments 9/13/2018 ML18156A593 Part 35 only New York submitted proposed regulations that adopt 10 CFR Part 30, 32, 40, and 70 by reference 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicablei Not Applicable NYSHD responded on 02/02/2007 to FSME-06-110 stating that they currently had no licensees applicable to this rule.

ML070330060 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML083240082 No Comments 12/11/2008 ML083390393

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Proposed ML100600745 Final ML13150A107 Proposed ML18156A604 Comments 05/18/2010 ML100890015 No Comments 08/08/2013 ML13197A356 No Comments 9/13/2018 ML18156A593 Part 35 only New York submitted proposed regulations that adopt 10 CFR Part 32 by reference 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32 and 150 72 FR 58473 12/17/2010 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 31, and 32 by reference 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61 and 150 72 FR 55864 11/30/2010 Final ML13150A107 Proposed ML18156A604 No Comments 08/08/2013 ML13197A356 Comments 9/13/2018 ML18156A593 Part 35 only New York submitted proposed regulations that adopt 10 CFR Part 30, 31, and 32 by reference 2007-4 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 06/05/2008 Final ML091730154 Comments 08/04/2009 ML091820407

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 02/15/2011 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML13150A107 No Comments 08/08/2013 ML13197A356 2011-1 Decommissioning Planning Parts 20, 30, 40 and 70 76 FR 35512 12/17/2015 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 40, and 70 by reference.

2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 36, 39, 40, and 70 by reference.

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Proposed ML18156A604 No Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 71 by reference.

2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 Proposed ML18156A604 No Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 34, 40, and 71 by reference.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 32, 40, and 70 by reference.

2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 03/19/2016 Proposed ML15355A046 Proposed ML18156A604 Comment 02/08/16 ML15355A039 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 32, 24, 35, 36, 37, 39, and 71 by reference.

2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, Parts 30, 40 and 70 78 FR 32310 08/27/2016 Proposed ML18156A604 No Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 40, and 70 by reference 2015-1 Domestic Licensing of Special Nuclear Material -

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 70 by reference 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73 and 150 79 FR 58664, 80 FR 3865 01/28/2018 Proposed ML15355A046 No Comments 02/08/16 ML15355A039

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments, Parts 30, 32 and 35 01/14/2022 2018-2 Miscellaneous Corrections

-Organizational Changes Parts 37, 40. 70 and 71 12/21/2021

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 7/30/2022 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility.

2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility.

2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 N/A Parts 30, 32, 34, 36, 37, 39, 40, 70 and 71 N/A Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt these 10 CFR Parts by reference.

STATE REGULATION STATUS State: New York Department of Environmental Conservation Tracking Ticket Number:

Date:

[ # amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1991-3 Standards for Protection Against Radiation Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 01/01/1994 Final No Comments 11/06/1997 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 10/15/1994 Not Applicable Not Applicable NYDEC does not need to implement this provision under its portion of the Agreement (ML18107A073).

1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]

Parts 30, 40 58 FR 39628 10/25/1996 Not Required Not Required NYDEC does not have the authority for this requirement under its portion of the Agreement (ML081960629) 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicableii Not Applicable NYDEC does not have any licensees subject to these regulations. (See SECY-95-112) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1994-2 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40, 70 59 FR 36026 08/15/1997

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Proposed ML17089A343 Final ML18107A073 Comment 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 NYDEC does not have authority to regulate this material under its portion of the Agreement.

1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 03/01/1998 Final ML083200009 No Comments 12/05/2008 ML083290560 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20 60 FR 36038 08/14/1998 Proposed ML17089A343 Comment 05/09/2017 ML17089A338

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, 70 60 FR 38235 11/24/1998 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Not Required Not Required NYDEC has adopted final regulations equivalent to RATS ID:

2004-1.

1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1996-3 Termination or Transfer of Licensed Activities:

Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 06/17/1999 Not Applicablei Not Applicable NYDEC does not have any licensees subject to these regulations. (See SECY-95-112)

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 License Condition ML082210044 Proposed ML17089A343 Final ML18107A073 No Comment ML082100009 No Comments 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 1997-2 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 02/27/2000 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20, 35 62 FR 4120 05/29/2000 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-97-078)

NYDEC has adopted final regulations equivalent to RATS ID:

2004-1 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 06/27/2000 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, 70 62 FR 39057 08/20/2000 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML061150561 Proposed ML17089A343 Final ML18107A073 Comments 04/25/2006 ML061150021 Comment 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superceded by 2002-2) 07/10/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP 074) 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 10/26/2001 Proposed ML17089A343 Final ML18107A073 No Comments 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML060330210 No Comments 02/28/2006 ML060720035 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

1999-2 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 10/04/2002 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2000-2 New Dosimetry Technology Parts 34, 36, 39 65 FR 63750 01/08/2004 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 02/16/2004 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Not Applicable Not Applicable NYDEC does not need to implement this provision under its portion of the Agreement (ML14100A011).

2002-2 Medical Use of Byproduct Material Parts 20, 32, 35 67 FR 20249 10/24/2005 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2003-1 Financial Assurance for Materials Licensees Parts 30, 40, 70 68 FR 57327 12/03/2006 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML060330210 No Comments 02/28/2006 ML060720035

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 12/17/2010 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 11/30/2010 Proposed ML17089A343 Final ML18107A073 No Comments 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 2007-4 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 06/05/2008 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 02/15/2011 Proposed ML17089A343 Final ML18107A073 No Comments 05/09/2017 ML17089A338 No Comments 06/13/2018 ML18107A056 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2011-1 Decommissioning Planning Parts 20, 30, 40, 70 76 FR 35512 12/17/2015 ML17055A724 02/24/2017 ML17055A711 NYDEC does not have authority to regulate this material under its portion of the Agreement.

2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Not Applicable Not Applicable NYDEC does not need to implement this provision under its portion of the Agreement (ML14100A011).

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 NYDEC does not need to implement the Part 30, 34 and 40 changes of this requirement under its portion of the Agreement.

However, the Part 71 provisions need to be addressed (ML14100A011).

2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Not Applicable Not Applicable NYDEC does not need to implement this provision under its portion of the Agreement (ML14100A011).

2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 03/19/2016 02/24/2017 ML17055B014 02/24/2017 ML17055A711 NYDEC does not have authority to regulate this material under its portion of the Agreement.

2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 32310 08/27/2016 Not Applicable Not Applicable NYDEC does not have authority to regulate this material under its portion of the Agreement.

2015-1 Domestic Licensing of Special Nuclear Material -

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 ML17055A724 02/24/2017 ML17055A711 NYDEC does not have authority to regulate this material under its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 01/28/2018 ML17055A724 02/24/2017 ML17055A711 NYDEC does not have authority to regulate this material under its portion of the Agreement.

2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

2015-5 Miscellaneous Corrections, 10 CFR Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 12/31/2018 ML17055A724 02/24/2017 ML17055A711 NYDEC does not have authority to regulate this material under its portion of the Agreement.

2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments, Parts 30, 32 and 35 01/14/2022 2018-2 Miscellaneous Corrections -

Organizational Changes Parts 37, 40. 70 and 71 12/21/2021

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 7/30/2022 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility.

2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility.

2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 i.IMPEP Team: verify that New York DEC does not have any licensees subject to these regulations during each review.

ML24201A204 OFFICE R-IV/DNMS/MIB NAME JCook DATE Jul 29, 2024

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